Actions

Memo

TITLE OF BILL: An act to amend the state finance law and the tax law, in relation to establishing the patriot family support fund and providing for an income tax return check off box therefor

PURPOSE OR GENERAL IDEA OF BILL: To allow a person or a business filing a NYS Income Tax return, to deduct for tax purposes, donations to a tax exempt "Patriot Family Support Fund"

SUMMARY OF SPECIFIC PROVISIONS: The "Patriot Family Support Fund" is established in joint custody with the commissioner of taxation and finance and the comptroller. "Patriot Family Support Fund" is to assist families during the absence of military service personnel. The moneys in such fund shall be expended for the reasonable needs and living expenses incurred by military families during the deployment of military personnel. Application for assistance from this fund may be made on forms developed by the division of military and naval affairs. The division of military and naval affairs shall review applications for assistance and shall award assistance based upon criteria developed by the division of military and naval affairs and availability of funds. Such moneys may be applied towards expenses including but not limited to, child care, home repairs and maintenance costs, medical expenses, transportation expenses and education expenses.

JUSTIFICATION: By providing a check off box on the NYS income for the "Patriot Family Support Fund" is a convenient way for NYS residents to make charitable contributions to help families of deployed military service personnel fighting for our freedoms abroad.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to taxable years beginning on and after January 1, 2013.

Text

STATE OF NEW YORK
________________________________________________________________________
2501
2011-2012 Regular Sessions
IN SENATE
January 24, 2011
___________

Introduced by Sens. McDONALD, LARKIN -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend the state finance law and the tax law, in relation to
establishing the patriot family support fund and providing for an
income tax return check off box therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section 81
to read as follows:
S 81. THE PATRIOT FAMILY SUPPORT FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
COMPTROLLER, A FUND TO BE KNOWN AS THE "PATRIOT FAMILY SUPPORT FUND" TO
ASSIST FAMILIES DURING THE ABSENCE OF MILITARY SERVICE PERSONNEL. FOR
PURPOSES OF THIS SECTION A "MILITARY SERVICE PERSONNEL" SHALL MEAN ANY
PERSON IN THE ACTIVE SERVICE IN THE ARMED SERVICES OF THE UNITED STATES,
OR A MEMBER OF THE NEW YORK STATE MILITIA WHO IS ON ACTIVE DUTY, AND WHO
IS: DESIGNATED AS THE HEAD OF HIS OR HER HOUSEHOLD, THE SPOUSE OF THE
PERSON APPLYING FOR FINANCIAL ASSISTANCE UNDER THIS SECTION, OR A PARENT
OR LEGAL GUARDIAN OF A CHILD RESIDING WITHIN THIS STATE.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION SIX
HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERE-
TO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN
THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. ON OR BEFORE THE FIRST OF FEBRUARY OF EACH YEAR, THE COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
THE PATRIOT FAMILY SUPPORT FUND DURING THE PRECEDING CALENDAR YEAR AS

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01505-01-1

S. 2501 2

THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX HUNDRED THIRTY-B
OF THE TAX LAW.
4. MONEYS IN THE PATRIOT FAMILY SUPPORT FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE REASONABLE NEEDS
AND LIVING EXPENSES INCURRED BY MILITARY FAMILIES DURING THE DEPLOYMENT
OF MILITARY SERVICE PERSONNEL PURSUANT TO THIS SECTION. APPLICATION FOR
ASSISTANCE FROM THIS FUND MAY BE MADE ON FORMS DEVELOPED BY THE DIVISION
OF MILITARY AND NAVAL AFFAIRS. THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL REVIEW APPLICATIONS FOR ASSISTANCE AND SHALL AWARD ASSIST-
ANCE BASED UPON CRITERIA DEVELOPED BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS AND AVAILABILITY OF FUNDS. SUCH MONEYS MAY BE APPLIED TOWARDS
EXPENSES INCLUDING, BUT NOT BE LIMITED TO, CHILD CARE, HOME REPAIRS AND
MAINTENANCE COSTS, MEDICAL EXPENSES, TRANSPORTATION EXPENSES AND EDUCA-
TION EXPENSES.
6. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT AND WARRANT OF THE COMPTROLLER ON
VOUCHERS APPROVED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
S 2. The tax law is amended by adding a new section 630-c to read as
follows:
S 630-C. GIFT FOR PATRIOT FAMILY SUPPORT FUND. AN INDIVIDUAL IN ANY
TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE PATRIOT FAMILY SUPPORT FUND
ESTABLISHED PURSUANT TO AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. SUCH CONTRIBUTION SHALL BE
IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE
TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE
PERSONAL INCOME TAX RETURN FORM TO ENABLE A TAXPAYER TO MAKE SUCH
CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE PATRIOT
SUPPORT FAMILY FUND.
S 3. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2013.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.